QUESTION
Can I deny the grandmother for visiting after she walked away two years ago with no contact in 12mths.
Asked on Nov 21st, 2012 on Family Law - New Jersey
More details to this question:
My ex's mother told me she was too busy to see her grandson and left. I didn't hear from her in 11mths and haven't seen her in almost 2 yrs. I keep in contact with other family members and she is saying now i am alienanating her as she is demanding to see him on a saturday morning within 4 weeks. My son does not know her she will not call only text me and it was her who left us two years ago.
1 ANSWER
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Richard F. Sweeney, Attorney at Law
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In NY, as the custodial parent, you can deny visitation to the grandmother unless and until a court orders you to give visitation. Grandparents can file for visitation but it is legally difficult for them to get visitation. The presumption is that a parent should make such decisions about visitation. In order to get visitation, a grandparent must show both that a parent has passed away or that the grandparent has been very involved in the grandchild's life; and extraordinary circumstances exist showing that the grandparent should have visitation. Special circumstances like surrender, neglect, abandonment, unfitness are reasons for granting grandparent visitation. The best interests of the child are also a factor.
Answered on Nov 22nd, 2012 at 9:30 AM